Date set in Mayor Marks ethics case

The Florida Commission on Ethics is expected to decide in June whether to move forward with ethics charges against Mayor John Marks over his handling of a $1.2 million federal grant.

The Ethics Commission has set a June 15 date for a probable-cause hearing in the case, said Barry Richard, Marks’ attorney. The commission at that time could decide to dismiss the case or, if probable cause is found, proceed with charges. If the hearing ends with a finding of probable cause, Marks could possibly settle with the commission or contest the charges in administrative court.

On Sept. 15, 2010, Marks voted to allow the city to participate in the grant through the federal Broadband Technology Opportunities Program, which is using billions in stimulus dollars to expand high-speed Internet service and programs across the country. The next day, the mayor signed the grant.

One of the grant partners, the Atlanta-based Alliance for Digital Equality, paid Marks $86,000 over several years as a member of its board of advisers.

Under Florida’s ethics laws, public officials can’t use their official position to secure a special gain for themselves or others, and they can’t work for any entity doing business with the board on which they serve. Officials found guilty of ethics charges can face penalties ranging from fines to suspension or removal from office.

On April 25, 2011, local businessman and City Hall critic Erwin Jackson filed an ethics complaint over Marks’ vote, calling it an “egregious violation of the public trust.”

Marks acknowledged in a news conference March 30, 2011, that he made a mistake in voting on the grant. However, his attorney later said an apology was unnecessary because Marks didn’t violate the law. Richard said the vote was only to accept the grant, not to partner with ADE, and that Marks abstained from a subsequent vote Dec. 8, 2010, allowing the city to negotiate contracts with the grant partners.

“He was acting in good faith,” Richard said in an interview with the Tallahassee Democrat. “He was really trying to do what he felt was reasonable.”

The ethics complaint stalled the city’s project, which would have brought a variety of tech-related programs to the Apalachee Ridge Technology Learning Center. After failing to meet timetables, the city in August returned the grant to the federal government.

An assistant attorney general acting as a prosecutor for the Ethics Commission is given a short amount of time to present a recommendation on probable cause, and the other side is given time to make a statement or rebuttal or answer questions. The complainant, in this case Jackson, is allowed to attend but can’t participate.

The Ethics Commission can’t confirm or deny that a complaint exists or release any information about one until a probable-cause determination is made.

Richard said a hearing date has not been set for another ethics complaint filed by Jackson against Marks involving city vendor Honeywell.